- The law of tort has its origin as part of which legal system—Common Law System.
- Constitutional Source: Though the term ‘tort’ is not mentioned under Constitution of India, which Entry of the 7th Schedule of the Indian Constitution empowers legislature to legislate on the matter relating to tort which is a kind of ‘actionable wrongs’—Entry No. 8 of Concurrent List.
- True/ False: The law of tort is normally based on ‘compensatory jurisprudence’ –True.
- True/ False: Contrary to the criminal law, the end of justice is made by awarding compensation to the injured party under law of torts—True.
- True/ False: Tort is a kind of ‘actionable wrong’—True.
- The word ‘tort’ is derived from which word?—Latin word.
- The word ‘tort’ is derived from which latin word?—Tortum.
- The word ‘tort’ means?—Civil Wrong.
- True/ False: Tort is a kind of ‘civil wrongs’— True.
- The wrongful act which are comparatively less serious in nature are categorized as—Civil Wrongs.
- True/ False: Tort is a branch of private law— True.
- Tort is an infringement of—Right in Rem.
- Tort is redressible by an action for—Unliquidated Damages.
- ‘Unliquidated’ damages means— Damages not pre-determined.
- Tort is a breach of duty recognized under which law?—Law of Torts.
- A legal damage occurs when there is a violation of—Legal right.
- Mens Rea: Mental element (Mens Rea) is an essential element in most forms of—Crimes.
- Mens Rea: Though mental element (Mens rea) is not a basic elements in ‘Torts’, it is an essential ingredient in certain kind of torts like—Malicious Prosecution, Assault/ Deceit (MAD)
- Malice-in-Fact: True/ False: ‘Evil Motive” is ‘malice in fact’—True.
- Malice-in-Fact: True/ False: ‘Evil Motive” is ‘malice in law’—False.
- Malice-in-Law: Willful act done without cause or excuse is called—Malice-in-Law.
- No-fault Liability—‘Tort of Conversion’ is based on the principle of—No- fault Liability.
- No-fault Liability—Tort of ‘Vicarious Liability’ is based on the principle of—No- fault Liability.
- True/ False: Most of tort doctrines developed through decisions made by judges addressing private disputes— True.
- ‘Wrongs are divisible into two sorts or species—Private Wrongs and Public Wrongs’. Who made this statement?—Blackstone.
- True/ False: All torts are actionable wrongs, but not all actionable wrongs are torts (e.g., breach of contract) —True.
- True/ False: Tort focuses on interpersonal wrongdoing primarily between private persons— True.
- As per Section________of the Limitation Act, 1963, tort is civil wrong which is not exclusively a breach of contract or breach of trust—Section 2(m)
- True/ False: The remedial structure of tort law reflects its nature as a part of private law— True.
- True/ False: The wrongs of Assault, Conspiracy and Defamation are both criminal and tort in nature—True.
- A tort is a ‘private wrong’, so who is supposed to file a suit—Injured Person.
- A crime is a ‘public wrong’, so who is supposed to file a suit—State.
- In tort lawsuit, the injured party is known as—Plaintiff.
- In tort lawsuit, the guilty person is known as—Defendant.
- True/ False: Generally, the path of settlement is always possible under the law of torts—True.
- True/ False: A tort is the outcome of breach of duties imposed by law—True.
- In which case it was held that the manufacture of drinks owes a duty of care to every possible consumer of his product—Donoghue Vs. Stevenson.
- When the sum payable by way of damages is predetermined/ ascertainable, the damages is said to be—Pre-determined.
- The concept of ‘Law of Tort’ was given by which jurist—Winfield.
- The theory of tort proposed by Winfield was based on the principle of—Ubi Jus Ibi Remedium.
- The theory of tort proposed by Winfield was upheld in the case of—Ashby Vs. White (1703)
- Who wrote the book ‘Law of Tort’—Winfield.
- The concept of ‘Law of Torts’ was propounded by which jurist—Salmond.
- The theory of tort proposed by Winfield was based on the principle of—Ubi Remedium, Ibi Jus.
- The theory of tort proposed by Salmond was upheld in the case of—Lumley Vs. Gye.
- Who wrote the book ‘Law of Torts’—Salmond.
- True/ False: Tort is a ‘right in rem’—True.
- The expression ‘in rem’ is a—Latin expression.
- The Latin expression ‘in rem’ means—Against the thing.
- A ‘right in-rem’ is a legal right that is enforceable against the—World at large.
- True/ False: A ‘right in-rem’ is different from right in-personam—True.
- The ‘right in-personam’ is a legal right that is enforceable against—Specific individual and not against whole world.
- Who said: Tort is an infringement of ‘right in rem’ of a private individual giving a right of compensation at the suit to the injured party”—Fraser.
- Tortious liability arises from the breach of a duty primarily fixed by law: this duty is towards persons generally and it breach is redressible by an action for unliquidated damages. This definition was given by—Winfield.
- As per which jurist, tort is a civil wrong for which remedy is common law action for unliquidated damages—Salmond.
- Who propounded “pigeon-hole theory”—Salmond.
- Jurist Salmondwas a Judge by profession in which country—New Zealand.
- “Just as the criminal law consists of a body of rules establishing specific offence, so the law of torts consists of a body of rules establishing specific injuries.” Who made this observation—Salmond.
- When a third party knowingly and intentionally persuades or induces a contracting party to break their contract with another, causing economic loss to the the remaining party to contract is known as—Tort of inducement of breach of contract (TIBC).
- ‘Tort of inducement of breach of contract’ (TIBC) has its origin in which case—Lumley Vs. Gye (1853)
- The ‘Tort of Deceit’ (fraudulent misrepresentation) had its origin in which case?—Passley Vs. Freeman (1789)
- A type of intentional tort in which an action causes another person’s reputation or “honor” harm, or subjects them to certain indignities is called—Dignitary Torts.
- Tort of ‘alienation of affection’ (AOA) inducement to a wife to leave her husband had its origin in which case?—Winsmore Vs. Greenbank (1745).
- The ‘Tort of Intimidation’ (ToI) has its origin in which had its origin in which case?—Rookes Vs. Barnand (1964)
- A civil wrong (not contract) where a defendant uses an unlawful threat to with intent compel a plaintiff (or a third party) to do or refrain from doing something, causing them harm, often in business or economic contexts, requiring a threat of an unlawful act, intent to injure, submission to the threat, and resulting damage to the victim, is called—Tort of Intimidation (ToI).
- What does the word ‘damnum’ mean—Damage.
- What does the word ‘injury’ mean—Violation of Legal Rights.
- A legal damage occurs when there is a violation of a—Legal Rights.
- “Injuria sine damnum” means— Injury to legal right without monetary loss.
- True/ False: “Injuria sine damnum” is actionable, even if there is no monetary loss ir trivial monetary loss—True.
- True/ False: “Damnum sine Injuria” is not actionable / enforceable before courts—True.
- ‘Gloucester Grammar School’ is a leading case on—Damnum Sine Injuria (i.e Damage without Legal Injury)
- ‘Ashby Vs. White’ is a leading case on—Injuria Sine Damnum (i.e Legal Injury without Damage)
- ‘Bhimsingh Vs. State of Jammu & Kashmir’ is a leading case on—Injuria Sine Damnum (i.e Legal Injury without Damage)
- ‘Acton Vs. Blundell’ is a leading case on—Damnum Sine Injuria (i.e Damage without Legal Injury)
- True/ False: In case of torts of ‘battery’, ‘assault’ and ‘deceit’ (BAD), the state of mind of a person is relevant—True.
- The ‘Rule of Strict Liability’ was propounded in which case?—Rylands Vs. Fletcher.
- If a person makes ‘non-natural use of land’ by collecting there something which is likely to do mischief by escape. As per which rule of tortuous liability, such person shall be liable if the things so collected escapes and causes damage—Rule of Strict Liability.
- VNFI: When a person consents to the infliction of harm upon himself, it is called— Volenti non-fit Injuria (VNFI).
- VNFI: True/ False: In the case of ‘Volenti non-fit Injuria’ doctrine, a person waives his right to enforce a claim—True.
- VNFI: Padmawati Vs. Dugganaika is an important case on—Volenti non-fit Injuria.
- VNFI: Illot Vs. Wilkes case relates to—Volenti non-fit Injuria.
- VNFI: Hall Vs. Brooklands Auto Racing Club (1933) is an important case on—Volenti non-fit Injuria.
- VNFI: The ruling that a spectator to a sport impliedly consents to the danger involved in the sport in the case of—Hall Vs. Brooklands Auto Racing Club (1933).
- VNFI: The ruling that the word spectator also includes the photographers and media present at a sport and they also impliedly consent to the danger involved in the sport in the case of—Wooldridge Vs. Sumner(1962).
- VNFI: In the case of Smith v. Baker it was held that— Mere knowledge of risk does not imply consent.
- VNFI: In the famous case of Haynes v. Harwood the court held that the doctrine of Volenti non fit injuria will not apply in which kind of cases?—Rescue Cases.
- VNFI: In which case it was held that the exception to rescue cases also holds good in the case of rescue of property—Hyett v. Great Western Railway
- When the plaintiff himself a wrongdoer, he is not disabled from recovering in tort, unless some unlawful act or conduct on his part is connected with the harm suffered by him as part of the same transaction. This observation was made by whom in respect of general defense in tort that the plaintiff himself a wrongdoer—Frederick Pollock.
- Absolute Liability: “We have to evolve new principles and lay down new norms which will adequately deal with new problems which will arise in a highly industrialized society” was laid down in which case?—M. C. Mehta Vs. Union of India (1987)
- Battery: What is the meaning of term ‘Battery’—Actual and Intended striking on another person.
- Defamation: True/ False: Defamation is an example of malice-in-law—True.
- Defamation: Words which appear innocent but have a latent defamatory meaning is called—Innuendo.
- Environmental Courts: “Cases involving issues of environmental pollution, ecological destruction and conflict over natural resources are on the increase and hence setting up of environmental courts on the regional basis with one professional judge is necessary” was observed in furtherance of ‘Precautionary Principle’ in which case?—Bittu Singh Vs. Union of India (1996)
- Fraud: The famous music teacher case with regard to consent through fraud is—R. Vs. Williams (1923)
- Nuisance: Public nuisance is an offence under which law?—Criminal Law.
- Nuisance: Private nuisance is a civil wrong under which law?—Law of Tort.
- Remoteness of Damage (ROD): Scott Vs. Shepaherd relates to—Remoteness of Damages.
- ROD: Overseas Tankship Ltd. Vs. Morts Dock and Engineering Co relates to—Remoteness of Damages.
- Strict Liability: Even if defendant took all legal precautions, under strict liability theory, he shall be—Liable/ responsible.
- Strict Liability: Rylands Vs. Fletcher is a leading case on—Strict Liability.
- Strict Liability: In Rylands Vs. Fletcher, what did defendant constructed?—Reservoir.
- Vicarious Liability: Master’s liability for wrongful acts of his servant is called—Vicarious Liability.
- Something which is not avoidable by any precautions of a prudent man is—Inevitable Accident.
- Case Law: The famous case of the shooting party where the defendant shot at the plaintiff aiming for a pheasant is— Stanley Vs. Powell.
- Case Law: The case where the sparks from the engine triggered fire in the woods of the neighbourhood and the claim was rejected based on statutory authority and reasonable care is— Vaughan Vs. Taff Vale Rail Co.(1860).
- Case Law: The case where the plaintiff claimed compensation for depreciation in the value of his property near the railway line was denied in the case of— Hammersmith Rail Co Vs. Brand (1869).
- Case Law: In which case the railway company was held liable for the fire that occurred from the sparks of the engine that fired the grass and hay left negligently—Smith v. London & Southwestern Railway Co .(1870).
- Case Law: The famous ginger beer case is—Donoghue Vs. Stevenson (1932)
- Case Law: The famous “Jai Santoshi maa” case is—Ushaben Vs. Bhagyalaxmi Chitra Mandir (1976)
- Case Law: In the case of Stanly v. Powell which of the following principles were applied—Inevitable Accident.
- Case Law: In the case of Hall v. Brooklands Motor Company which of the following principles was applied?— Volenti Non-Fit Injuria.
- Case Law: From viewpoint of tortuous liability, the distinction between ‘Sovereign’ and ‘non-sovereign’ was laid down in which case ?— Peninsular & Oriental Stem Navigation Vs. Secretary of State, India (1861).
- Maxims: The terms “Culpa lata” and” Culpa levis” mean— Gross negligence and slight negligence.
- Maxims: Maxim ‘Res ipsa loquitur’ means—The things speak for itself.
- Maxims: Maxim “Scienti non-fit injuria” means—Mere knowledge of risk does not amount to consent.
- Maxims Latin maxim “Ex turpi causa non oritur action” means— From an immoral cause no action arises.
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